Injuries | Car Accident | Employment | Business

Protecting Your Interests

Hard Hitting Lawyer

Steven Gold, Former Attorney for City of San Diego

“As a former attorney for the City of San Diego for over 20 years, and as an attorney for 30 years, I’ve litigated against many highly skilled lawyers in court. Brad’s effective representation of his clients in high stakes cases and ease in the courtroom as a trial lawyer is comparable to the “big name” lawyers I’ve litigated against.”

Fighting Insurance Companies

Dan Miller

“My professional work has me dealing with insurance agents, adjusters, and claims almost every day. Brad’s understanding of general liability insurance is impressive and has exceeded my expectations. It is rare to find a solo attorney who has successfully represented and litigated on behalf of major insurance companies’ policy holders and who now represents individuals.”

Protecting Corporate Shareholders

Atia Co. LP v. Darwin Ting et. al.

“As a retired accountant for a major company, I am detail oriented and enjoy searching for numbers that do not make sense. Brad Nakase was great at analyzing over twenty thousand pages of financial and accounting documents, and after trial, won millions of dollars.”  S.N.

_____

The testimonials or endorsements do not constitute a guarantee,  warranty, or prediction regarding the outcome of your legal matter.

SERVICES WE PROVIDE

Business Litigation

Most business owners want to work with a law firm with exceptional knowledge in business law and related matters. I’ve worked for major insurance companies defending their insureds that are large and small businesses.

I am proud to offer the knowledge and legal experience you need along with personalized client services.  I respond promptly to phone calls and emails and keep you informed every step of the way.

I promise always to treat you with the utmost  respect and to answer every question you have honestly. I will explain concepts in ways that you can understand.

Car Accident Lawyer

We can agree that we will choose health over money for injuries. If you were involved in an accident that resulted in severe injury, no money in the world may compensate you for a severe and life-changing injury.  My success is measured in the real differences made to my clients’ quality of life.

What is Car Accident Law in California?

California has a variety of laws that may apply in case of a car accident. These laws determine how insurance claims are handled, what damages are available and when a lawsuit must be filed, if necessary. It is important that people who are involved in a car accident in California understand these laws and how they may impact their claim.

Minimum Insurance Requirements

California law requires that vehicle owners be financially responsible for any accidents that they are involved in. The state’s insurance code requires that all vehicles are covered with a minimum of 15/30/5 insurance, meaning that it provides maximum coverage of:

  • $15,000 for the injury or death to one person
  • $30,000 for injury or death to more than one person
  • $5,000 for property damage

Motorists must have proof of insurance readily available in case they are involved in an accident. They must show this proof of insurance when involved in a car accident, when law enforcement requests to see it or when renewing or obtaining vehicle registration. Failing to provide proof of insurance can result in the issuance of fines or even the loss of driving privileges.

Uninsured and Underinsured Motorist Coverage

California law requires insurance companies to offer uninsured motorist bodily injury and underinsured motorist coverage. These types of coverage cover injuries and property damage that a motorist who did not have insurance or did not have sufficient insurance caused. Uninsured motorist bodily injury coverage provides up to the amount of the insured’s liability coverage. Underinsured motorist coverage can make up the difference between the amount the underinsured driver’s insurance covered and your actual damages. If you decline these types of insurance, you must do so in writing.

Other Forms of Car Insurance

The insurance mentioned above is simply the minimum that the state requires. You can purchase additional insurance. Because California is a tort-based insurance system, if you cause an accident, the injured party can file a lawsuit against you and seek compensation for the damages that they sustained for any amounts above those covered by your insurance. For this reason, many people purchase supplemental insurance, including:

  • Increased liability insurance
  • Medical payments covered
  • Comprehensive coverage
  • Collision coverage
  • Theft coverage

Accident Reporting Requirements in California

State law requires motorists involved in an accident to stop at the scene of the accident, check if anyone has been injured, render aid to anyone who was injured and exchange information with the other driver.

California Vehicle Code § 20008 requires the driver of a vehicle involved in a car accident or his or her representative to make a written report regarding the crash to the California Highway Patrol or to the police department where the accident occurred if it resulted in injury or death within 24 hours of the accident. If a law enforcement officer responded to the scene of the accident, he or she will prepare the written report and you will not be required to file a separate report.

California Vehicle Code §16000 requires anyone involved in a motor vehicle accident to report an accident to the DMV within 10 days from it occurring if it involved any of the following:

  • Death of a person
  • Injury of a person
  • Property damage in excess of $750

The accident report includes the following information:

  • The names and addresses of the drivers and anyone who was injured in the accident
  • Time, date and location of the accident
  • Birth date, driver’s license information and other information about the motorists
  • Insurance information
  • Explanation of property damage and injuries

What to Do in Case of an Accident in California Accident

It is important for people involved in a car accident in California to understand what they should do. The most important thing is to call 911 if there are injuries and you need immediate medical assistance. If you are able, check on the other motorist and passengers to check for injuries. The accident should be reported to the police or the local authority who handles motor vehicle accidents. Some police departments respond to every accident while others may only respond based on the accident severity and the location of the accident.

The drivers should exchange information with each other, including the following:

  • Names
  • Addresses
  • Telephone numbers
  • Driver’s license number
  • License plate and VIN
  • Insurance information, including insurance company name and policy number

If there are any witnesses, you should obtain their names and contact information in case you need to contact them after the accident.

The individuals involved in the accident should do their best to document the scene of the accident. They should take pictures of the following:

  • Accident scene
  • Damage to each vehicle
  • Traffic controls
  • Visual obstacles
  • Any property damage in the roadway
  • Any nearby signs that may be relevant

Preferably, these pictures should be from different angles.

If you are injured, you should seek medical treatment and explain to your medical providers that you were involved in a motor vehicle accident.

You should also notify your insurance company about the accident or begin a claim with the at-fault party’s insurance claim.

Damages Involved in Car Accidents in California

California law states that personal injury victims have the right to recover the damages that they suffer caused by the negligence of others. California and many other states divide damages into different categories. The most common categories are economic damages and non-economic damages. Economic damages include those losses that are connected to a certain economic loss. They include damages, such as:

  • Vehicle repair or replacement costs
  • Past and future medical expenses
  • Lost income
  • Loss of employment or business opportunities
  • Lost earning capacity
  • Loss of the use of property
  • Burial expenses

Non-economic damages are those that are not as easy to compute, including:

  • Pain and suffering
  • Emotional distress
  • Disability
  • Inconvenience
  • Mental anguish
  • Emotional distress
  • Disfigurement
  • Loss of consortium, affection or companionship

While many states impose a limit on certain types of damages, such as non-economic damages, California does not have a limit of this nature. However, California does have a unique law that prohibits a person who does not have automotive insurance to recover non-economic damages such as pain and suffering or emotional distress, regardless of who is found to be at fault for the accident. This individual can still make a claim based on property damage, lost wages, medical expenses and other economic damages against the at-fault party.

Statute of Limitations

The statute of limitations is the time limit that a person has to file certain legal actions, such as a personal injury lawsuit. If the time limit passes and the accident victim files a complaint against the negligent driver, the judge will likely dismiss the case because the statute of limitations has expired. In California, injured accident victims have two years to file a lawsuit based on bodily injury. Individuals who file claims based on property damage have three years from the date of the accident to file a lawsuit.

Tolling the Statute of Limitations There are a few rare instances when this time limit can be exceeded. In certain situations, the statute of limitations is “tolled,” meaning that it is temporarily paused until a certain event occurs. These situations include:

  • The plaintiff cannot locate the defendant
  • The defendant is imprisoned
  • The victim is a minor or mentally incapacitated
  • There is a reasonable delay in the discovery of an injury related to the accident

A California personal injury lawyer can explain when these situations arise.

Government Accelerated Claims In some cases, the time limit is shortened, such as when a government party is involved. This situation may arise when a local, county, or state government party is responsible for an accident. In these cases, the injured party only has six months from the date of the accident to file a lawsuit. Additionally, these types of cases involve filing an administrative claim.

Determining Liability Determining liability often comes down to determining how a party was negligent, meaning that someone drove in a way that a reasonably prudent person would not drive. A reasonably prudent person obeys traffic laws and demonstrates a reasonable degree of caution.

Examples of negligence include:

  • Distracted driving
  • Driving under the influence of drugs or alcohol
  • Disobeying traffic laws or signals
  • Not keeping a proper lookout
  • Speeding
  • Following too closely

Rules of the Road In some situations, there is a particular driving rule that one of the motorists did not follow. Some of the rules that may be involved include:

  • Speed limits – Drivers must adhere to all posted speed limits. These limits are designed for daylight hours and optimal driving conditions. Drivers must reduce their speed when driving conditions are not optimal.
  • Preemption – A driver who is entering a road must yield to oncoming traffic and use appropriate caution. This applies to leaving a driveway, alley or other road to enter another road or highway. The driver must ensure that there is sufficient to time to enter the road without disrupting traffic flow.
  • Following distance – Drivers who hit the vehicles in front of them are almost always found at fault for the accident because they have not kept enough space between their vehicle and the one in front of them. If a vehicle in front of you suddenly stops, you should have enough time to also stop so that you do not cause an accident.
  • Distracted driving – Drivers should avoid using electronic devices or engaging in other forms of distracted driving that takes their eyes or mind off of the road or their hands off of the steering wheel.

These are just a few examples of potentially relevant rules of the road. An experienced personal injury lawyer can review the specific circumstances surrounding your accident to determine which rules may have been violated and by whom. A judge or jury may have to decide if these rules were violated when determining whether to award compensation to an accident victim.

Insurance Investigation In many car accident cases, the insurance company appoints a claims adjuster to conduct an investigation into the accident. This adjuster may get verbal or written accounts regarding the accident from the insured and the other driver. Witnesses may also be contacted to explain what they saw. The claims adjuster may request proof of damages, such as medical bills, medical reports and lost wages documentation.

Pure Comparative Negligence System

California uses a pure comparative negligence system to determine liability when the liability of more than one person or entity is involved in a personal injury claim. Under this system, each person found to be at fault for an accident is liable for his or her portion of the fault. This system ensures that accident victims will be able to cover at least a portion of the damages they sustain. Additionally, it prevents an injured party from receiving compensation caused by his or her own contribution to the accident.

For example, if two drivers are involved in the accident, one driver may run a stop sign. The other driver may be speeding. The first driver may be found to be 70 percent at fault while the second driver is found to be 30 percent at fault. If the injured driver suffered damages totaling $100,000, his or her damages would be reduced by 30 percent to $70,000. Additionally, the second driver would be liable for 30 percent of the first driver’s losses.

In some car accidents, multiple parties may be at fault. California law allows for more than one person to be held financially responsible for damages stemming from this type of accident. Each party is held financially responsible to the degree of their own fault.

Even if a victim contributed to an accident, he or she is not barred from recovering compensation from the other parties at fault for the accident.

The “pure” aspect of this law means that an accident victim can recover damages, regardless of the victim’s own degree of fault. For example, if the driver was 90 percent responsible for the accident, he or she could still pursue a claim against the other party for the remaining 10 percent of the total damages. In many other states, the accident victim is only allowed to recover compensation if he or she is 50 percent or less at fault for the accident or the combined liability of the other parties exceeds the plaintiff’s own degree of negligence.

This system applies in situations in which judges or juries determine the liability of the parties. However, it also applies when a car insurance claims adjuster is evaluating a claim. He or she may make a decision about the degree of fault of each party involved and then make a settlement offer based on this decision.

Seek Help from a Qualified California Car Accident Lawyer

If you were involved in a California car accident, it is important that you contact a qualified California car accident lawyer who can help you with your claim. Working with an experienced personal injury lawyer can help you maximize the amount of compensation that you are able to recover.

Personal injury lawyers handle a variety of responsibilities during this process, including advising you of your legal rights, handling communications with the insurance company, preparing a demand letter and negotiating with the insurance company. They may also collect pertinent evidence in your case to conduct an investigation into its cause and to identify the parties responsible for your damages.

We accept car accident personal injury cases on a contingency fee basis; this means that we do not get paid unless we win your case by settlement or trial verdict. 

Please call us for a free consultation with a car accident lawyer: 619-550-1321.

Employment, Wage and Hour

Nearly 80% of American workers say they’re living paycheck to paycheck. You work hard and deserve to be treated fairly and paid for your time. I am in strong favor of businesses operating fairly and just treatment of all employees.

My commitment to justice extends to all whose rights have been violated or who have been harmed by the wrongful conduct of others.

If your employer has mistreated you or taken advantage of you, you deserved to be heard.

Taking a look back at the American labor laws, we’ll find that the first laws were passed in the 20th century as a result of public uproar against the domineering and repressive practices of the Industrial Revolution. The first laws were about establishing a minimum wage and compensating injured workers and they helped in setting a precedent that was followed in the upcoming years.

Labor laws help elucidate and codify the responsibilities of employers to their employees. The primary reason behind implementing employments laws was to ensure that employees are protected from the wrongdoing by their employers. This protection ranges from many forms to discrimination to minimum wage and even workplace safety.

There is no denying that trying to fully comprehend California labor and employment law can be overwhelming. That’s why you need a California employment lawyer and labor lawyer to fully understand it. Nakase Law Firm is here to help you find and understand all the information all in one place. Brad Nakase is a renowned California labor lawyer who has been dedicatedly assisting his clients for over a decade.

Employee and Labor Rights Matter

Although a California employer must ensure that his/her employees have a fair bit of understanding of the California labor and employment law, unfortunately, that doesn’t always happen as most employers intentionally or unintentionally keep their employees in the dark. As a result, employees have very little knowledge of their rights. What you need is a California labor lawyer to help you understand your rights.

It is important to understand that when an employee tries to assert his /her right, that’s when things start to complicate. It is because most employers are represented by big employment law firms that charge a huge sum to save them once a lawsuit is filed against them. These employment law firms mostly succeed with their legal strategies that even include settling a lawsuit by intimidation or using other means. This is where Brad Nakase steps in to help employees and labors as a trusted California labor lawyer.

Nakase Law Firm realizes the problems of employees because it is difficult for an employee to win a lawsuit against an employer who has an experienced California employment lawyer advising him/her on California State’s labor and employment law.  Although an employee is protected by a lot of provisions in the California employment law, having knowledge of them and using them legally is the key to winning a lawsuit.

Nakase Law Firm prides itself on protecting workers and employees. We have the knowledge and extensive experience of using the provisions in California labor and employment law to help you fight back.

Employment Cases Nakase Law Firm Handles

At Nakase Law Firm, we have vast expertise in handling all areas of California labor and employment law cases, including but not limited to:

Employment Discrimination

According to the Fair Employment and Housing Act (FEHA), public employers, private employers, employment agencies, and labor organizations are prohibited from discrimination in the workplace. Harassment is prohibited by the FEHA in all workplaces, even the ones that have fewer than five employees. Employers cannot exhibit discrimination against an employee based on his/her:

  • Religion
  • Race or ethnicity
  • age
  • National origin
  • Pregnancy
  • Sexual orientation
  • Sex or
  • Gender

Nakase Law Firm can help you file a discrimination complaint with the California Department of Fair Employment and Housing (DFEH). And if required, we will also help you file a lawsuit for discrimination against your employer.

Workplace Harassment

Like employment discrimination, workplace harassment is also prohibited by the Fair Employment and Housing Act (FEHA). As a California worker, you are legally protected from workplace harassment, but it is imperative for you to fully understand which actions are considered as wrongful (harassing) behavior. This workplace harassment can take many forms, such as:

  • Verbal or implied threats
  • Visual harassment (e.g. offensive signs or posters)
  • Physical assault or harassment (e.g. unwanted touching)
  • Requesting for sexual favors
  • Offensive jokes or pejorative comments

Although you most probably are aware of sexual harassment, you need to know that hostile work environment harassment is also included in California employment law. Non-sexual harassment can also take place in the workplace on the basis of:

  • Religion
  • Race or ethnicity
  • age
  • National origin
  • Pregnancy
  • Sexual orientation
  • Sex or
  • Gender

Non-citizen workers can also seek for Nakase Law Firm’s legal advice and assistance if their employer threatens to have them deported just because they raised their voice about the violation of California Labor Law. Brad Nakase is a respected California labor lawyer and he will take into account every aspect before advising you on taking the best course of action on workplace harassment.

Wrongful Termination

As a California employee, if you are wrongfully terminated then you have a strong claim against your employer and you can collect benefits, lost wages, back wages, a fee of California employment lawyer and much more.

Although an at-will employee can be fired with or without notice at any given time, the good news is there are several illegal termination reasons which are off-limit for employers. For instance, if you are fired by your employer in violation of public policy (performing legal obligations or refusing to break the law) or an implied contract, then you have the right to file a lawsuit, assert your rights and determine claims.

If you are fired due to reasons such as business relocation/closure or a mass layoff without being given a 60 days’ notice, then you can file for a claim and receive compensation under the Worker Adjustment and Retraining Notification (WARN) act. As a prominent California employment lawyer, Brad Nakase will not only advise on taking the best course of action but will also help you have a strong claim against your employer.

Family and Medical Leave Laws

Employers in California must comply with the FMLA and the CFRA.

These laws enable employees to take up to 12 weeks of unpaid leave for certain family or health reasons. These laws apply to you only if:

  • You have worked in the company for at least one year
  • In the previous year, you’ve worked for at least 1250 hours
  • There are at least 50 employees working for your employer within 75-miles radius

Under the CPDA, you are eligible for a 4-month unpaid leave if you’ve given birth to a child. According to California employment, you can take leave on the following:

  • Domestic violence
  • Paid sick leave
  • Victims of crime
  • Attempting to acquire relief from sexual assault or stalking
  • Receiving literacy education
  • Voting
  • Complying with a subpoena or serving on a jury
  • Drug or alcohol rehabilitation

Given that employers must comply with these laws, you can seek legal advice from a trusted California employee lawyer if the employer terminates you or threatens to fire you. As a successful California employee lawyer, Brad Nakase can help you file a claim and get the compensation you deserve.

California Wage and Hour Law

California wage and hour laws encompass various issues such as minimum wage, overtime, meal and rest breaks, and so on. Although employers are allowed by the federal Fair Labor Standards Act (FLSA) and the laws in some states to pay minimum wage to tipped employees, it is not the case in California. This means that all employers must comply with minimum wage laws that ensure employees are provided minimum employee pay, hours and overtime, as well as meal and rest breaks. For nonexempt employees who work for 8 hours a day or 40 hours a week, employers must pay overtime. If you are misclassified as an independent contract, you can file for a wage and hour lawsuit because the employer must treat you as a W2 employee. If your employer is not following the California Wage and Hour Law, call Nakase Law Firm to sue your employer.

You should know that some employers misclassify their nonexempt employees as exempt just to avoid wage and hour laws. So, make sure you contact us if you are being paid less or paid no amount for overtime. Brad Nakase is an experienced California labor lawyer who has vast expertise in helping his clients file claims and get compensations they deserve.

Employment Contracts

As a California employee, you must thoroughly read your employment contract before signing it. However, most employees don’t pay enough attention to their contracts. This can affect your chances of filing a lawsuit against your employer because sometimes they breach the employment contract. For instance, they can breach it in ways such as job requirements, work environment, terms of termination, etc. Your employer can insert clauses such as a non-compete clause. This clause doesn’t permit you from leaving the job to start your own business or work for another company. Therefore, it is imperative for you to read the contract and take the appropriate approach accordingly.

At Nakase Law Firm, we can help you understand the employment contract. Brad Nakase is the best California labor lawyer who has successfully assisted many of his clients over the years. He will not only thoroughly review your employment contract but will also advise you on taking the best approach that would help protect your rights.

Contact Our California Labor and Employment Lawyer for Free Consultation

As an experienced and highly respected California employee lawyer, Brad Nakase is known for delivering results for his clients by relentlessly pursuing every possible solution to their problem. He will take his time to listen to your problem before coming up with an effective solution. Brad is considered among the top California labor lawyer and he will incorporate all his expertise and skills to determine the best legal strategy for your case.

Please call for a free consultation: 619-550-1321. I protect workers throughout California.

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